Elder's rape sentence to be reviewed

The Human Rights and Equal Opportunity Commission plans to intervene in a case in which a judge gave a short jail term to an Aborigine who anally raped and bashed his 14-year-old "promised wife".

In an unusual move, the commission will seek leave to appear before the Northern Territory Court of Criminal Appeal to intervene in the interests of the girl, who was promised to the 55-year-old man under Aboriginal customary law at the age of four.

A spokesman, Paul Oliver, confirmed yesterday that the commission would seek leave to appear before three Supreme Court judges on the appeal court. But he said he could not comment on the grounds for any intervention until it had been granted.

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"It is up to the court whether to accept our intervention," he said.

A decision by the Territory's Chief Justice, Brian Martin, to sentence the man to only one month's jail, after accepting he was unaware acts committed on the girl were offences under Territory law, have created a furore.

The Northern Territory Office of the Director of Public Prosecutions has lodged an appeal against the leniency of the sentence. The Territory's Chief Minister, Clare Martin, has said she was "taken aback" by the decision.

The Federal Minister for Justice, Chris Ellison, said the circumstances of the case were horrific. Aboriginal customary law had no place in the legal system, he said, and it needed to be clearly spelt out nationally that there was only one law for Australians. Customary law should not be considered as a mitigating factor in sentencing.

Asked about Justice Martin's sympathy for the defendant, which was expressed in his sentencing remarks, Senator Ellison said: "I've got to say my sympathy in these cases is with the victim."

During an open-air hearing in the Yarralin community, 400 kilometres west of Katherine, on August 11 Justice Martin said he accepted the accused was a respected elder who believed striking the girl with a boomerang and having anal sex with her against her will were permitted under traditional law.

Justice Martin said he also accepted the man was unaware at the time that Territory law made it an offence to have sexual intercourse with a child under the age of 16."

He said he hoped Aboriginal communities would reconcile local traditional law with Territory law.